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Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....1926 as the Judicial Commission of Chittagong University Commission was appointed under the Commission of Inquiry Act, 1956. At the outset it is necessary to state that High Court Division has been empowered under section 2 of the Contempt of Courts Act 1926 to take cognizance in respect of contempt..............................Petitioner Vs. Dr. Hasanuzzaman ChowÂdhury and others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM H......6 and on completion of the enquiry submitted his report to the Government of Bangladesh. The report of the Commission was published by the Government of Bangladesh. Thereafter, a press conference was called and the same took place at the National Press Club, Dhaka where it is alleged that opposite p......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....section 491 CrPC it is only required to be seen whether the deÂtention order is illegal and or improper. Here in the present caw, the order of detention having been made in colorable exercise of the power it cannot be said that the provision of section 491 CrPC is not appliÂcable. The objects is t......Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesÂFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney General with Shah Azizur Rahman, Assistant Attorney General ‑ For Opposite Parties. C......is denied that the detenu is associated with any activity prejudicial to sovereignty of Bangladesh or prejudiÂcial to the maintenance of good relationship with other friendly countries. It is emphatically asserted that the allegations contained in the grounds served on the detenu are false, baseles......The Rule is, accordingly, made absolute. Let an advance order be sent to the SuperintenÂdent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....sessing the suit land. The learned Advocate further submitted that the 1st appellate Court rightly held that no fraud was practised on Registration Act in as much section 28 (2) of Registration Act empowers the registration authority to register a deed of land lying in different jurisdiction and tha......onfirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamarat Ali, who by registered deed of he......ting aside the judgment and decree passed by the trial Court. 10. I have been taken through the judgment pronounced by the Courts below as well as other materials on record. The only point that calls for determination in this Second Appeal is whether sale deed Ext. 2 is a bona fide document fo......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......¦.......Petitioner Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. &......tered under the Industrial Relations Ordinance, 1969. All the Banks had a central body under the name and style "Bangladesh Bank Employees Federation‑ (Regd. No.B‑828). The said Federation made a call to the employees of the Banks to go on strike for realisation of their demands. In response the......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
Liton Vs. State and others, 1995, 24 CLC (HCD)
....ections 302/34 of the Penal Code in the Court of Magistrate, Sadar, Barisal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and comprehensive power under section 561A of the Code of Criminal Procedure to pass any orders or order either on an ...... This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ..Category: Procedural Law | Date: | Hits: 140
Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)
....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101..............referred to as the Company, the company was incorporated as a public company on 4th March, 1963. It is stated by supplementary affidavit that the annual general meeting for the year 1994 could not be called within 30.9.94 for adoption of the Audited Accounts and balance sheet of the company for 1993......Bengal Steel Works Limited hereinafter referred to as the Company, the company was incorporated as a public company on 4th March, 1963. It is stated by supplementary affidavit that the annual general meeting for the year 1994 could not be called within 30.9.94 for adoption of the Audited Accounts an..Category: Company Law | Date: | Hits: 358
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....mately, one Advocate, namely, Mr. Kazi Rabiul Hasan agreed to appear on behalf of the complainant, but he was warned for violation of resolution of the Bar Association and as a result he withdrew his power in this way the complainant could not come out from Custody for five days as the Members of th......pposite parties, namely Mr. Md. Momen Ahmed Chowdhury Mr. Md. Mozammel Hoque Shakhidar, Mr. Md. Shamsul Haque, Mr. Md. Hena Kabir, Mr. Md. Rezaul Karim and Mr. Md. Shafiqul Islam, Advocates, attached to the Joypurhat District Bar Association, were also found guilty of the charge of professional and ......in general meeting No.2 of the Joypurhat District Bar Association was essentially an inoffensive and pious desire on the part of the members of the Bar Association and it was not of binding character calling up them for any punitive action for non‑observance of the same by any Member of the Joypur......refusing his bail the complainant filed an application before the High Court Division for bail. He was granted bail by the High Court Division. 4. At the instance of Mr. Mozammel Haque Shakhidar a meeting of the members of the Joypurhat Bar Association was held on 3.5.92 with Mr. SA Alim, Preside..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....ions Judge as contemplated under section 9(2) of the Code of Criminal Procedure. 7. Mr. Khondker, the learned Advocate appearing for the petitioners submits that the learned Sessions Judge has no power or jurisdiction to limit the number of lawyers to be engaged by the accused persons. The learn......e. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bilkis Banu, Advocates - For the Petitioner. AFM Hasan Arif, Deputy Attorney‑General, with Amirul Kabir Chowdhury, Deputy Attorney‑General, Syed Abu Kowser, Assistant......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..Category: Criminal Law | Date: | Hits: 121
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....IX, rule 13 of the Code of Civil Procedure. 7 In the case of M/s. M.M. Ispahani Ltd. Vs. Chairman, 2nd Labour Court, Chittagong and others, 19 DLR 612, it was held that a Labour Court can exercise powers under Order IX of the Code of Civil Procedure. A conÂtrary decision was given by another Div.........................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is made absolute. Cases Referred to- Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1938 (Bombay) 470; Muhammad Swale......e 102(2) of the suspended Constitution of the People's ReÂpublic of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon the respondent to show cause why the judgment and order dated 08.07.1985 (Annexure D) pas......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..Category: Procedural Law | Date: | Hits: 180
....uit the real intendment behind this provision seems to be to provide a quick remedy by way of restiÂtution of possession only. Under section 9 of the Specific Relief Act, the Court has therefore, no power to pass a decree for removal or demolition of structures.
7. The view which I have taken fi...... heirs No.1 (a) Harendra Chandra Dey & others ………………………………Opposite Parties
Judgment
September 3, 1986.
Result:
The petitions are disposed of.
Cases Referred to-
Ananta Kumar Sarkar and another Vs. Meghu Kurmi & others, 61 CWN 347; Sana Mia and anothe......de of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56 of 1969.)
Judgment
Bimalendu Bikash Roy Chowdhury J. - This Rule calls in question a judgment and decree of the learned Munsif, First Court, Patuakhali passed in Tit......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8...
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....ng the facts and circumstances of the case in the light of the principles of law indicated above, I am unable to hold that the explanation does not constitute a suffiÂcient case. 9. Moreover, the power that is conferred on the Court before which an application for setting aside abatement is made......................Petitioner Vs. Rup Gazi & others......................................Opposite-Parties Judgment August 25, 1986. Result: The Rule is discharged. Case Referred to- Union of India Vs. Ram Charan, A.I.R. 1964 (S.C.) 215. Lawyers Involved: Md. Abdus Sobh...... passed on 23.01.1984 by Munsif, Bauphal Upazila in Misc. Case No.66/83 setting aside abatement order dated 24.05.1978 in T.S. No.270/69.) Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule calls in question the propriety of an order passed by the learned Munsif, Bauphal Upazila allowing a......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...Category: Civil Law | Date: | Hits: 121
....nths should be counted in the presÂent case from 15.04.1984 and not from 05.07.1983, as contended by the Registrar.
9. Dr. M. Zahir however has raised a fundÂamental objection with regard to the power and authority of the Registrar of Joint Stock Companies to withhold acceptance of an annual re......(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur RahÂman J
Bangladesh Chemical Industries Corporation and another...............Petitioner
Vs.
Registrar, Joint Stock Companies and another...............................Respondent
Judgment
July 8, 1986.
......ived Article 102 (2) of the suspended Constitution of the People’s Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon respondent to show cause why the continued refusal by the Registrar, Joint Stock ComÂpan......espondent to show cause why the continued refusal by the Registrar, Joint Stock ComÂpanies to accept the return filed by Sylhet Pulp and Paper Mills Ltd., petitioner No.2 of its third annual general meeting held on 30.12.1984 should not be declared to be without lawful authority and why they should..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....210/- The impugned order dated 1.12.1992 was passed on the strength of amended Regulation No.11 which came in to force on February 5, 1995. The SRO by which amendment was made was made in exercise of power conferred upon the Board of Directors Of the Biman under section 30 of the Bangladesh Biman Co..........petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: The Rule is made absolute. Cases Referred to- Secretary of the Air Craft Engineers of Bangladesh and another Vs. Registrar of Trade unions ......der Article 102 of our Constitution. 2. The Rule arises out of the following facts: The petitioner, Dalia Parveen on September 3, 1981 joined the Bangladesh Biman Corporation, hereinafter shall be called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess......reement With the Biman Management on August 20, 1987 and the SRO prevailing at that time was binding on the party. The respondent, however, stated that, the Board of Directors of the Corporation in a meeting held on October 30, 1990 agreed on principle to raise the retirement age, of all female Cabi..Category: Employment/Service Law | Date: | Hits: 361
....he petitioner was serving, was required to send the Proposal to the Appeal and Arbitration Committee and ultimately to the Board for approval and after receiving the approval of the said Board, was empowered to pass the order of dismissal, but in the instant case no such proposal for dismissing the ...... - For the Respondent No.3.
Writ Petition No.196 of 1986.
Judgment
Naimuddin Ahmed J.- By this application under article 102 of the Constitution the dismissal of the petitioner who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khuln......g Body which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question.
2.The case of the petitioner is that he was appointed as a professor of Kapilmun......der reorganisation of the pay scale in 1980. While he was serving in the said college he was subsequently placed under suspension by the respondent No.3 the Governing Body of the said college, in its meeting held on 9.9.81 with effect from 6.8.81 and the respondent No.3 also asked the petitioner to ..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....ations of 1969 shall, as far as practicable, be disposed of as per provisions of the Regulations of 1990 and that competent authority in disposing of the said matters shall have to exercise necessary powers. By the Regulation 59(1) of the Regulations of 1990 the Regulations of 1969 has been repealed......1900 of 1990. Judgment Md. Ruhul Amin J.- The Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing...... Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing Memo No.332 (Admn), dated 7.2.90 issued under the ......e officers (respondents No.4‑8) whose names appear at serial Nos.4, 5 and 7‑9 of the said memo (Annexure‑F to the petition) and the decision taken in respect of the matter of Agenda No.3 in the meeting of the Board of the respondent No.1, the Authority held on 31.7.90 as circulated by Memo No...Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
.... installment without interest on the basis of the summaries. The informant upon such fact stated that the petitioner including other co‑accused collaborated with each other and by misusing official power deprived the then DIT of sum of Taka 134043639.97 which might have been misappropriated for ma......hman J Moudud Ahmed........................Petitioner Vs. State ..........................Opposite‑Party Judgment May 9, 1995. Result: The Rule is discharged. Cases Referred to- Jyoti Prokash Mitter Vs. Hon’ble Mr. Justice HK Bose, the Chief Justice the High Court, Ca......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......sent the same to the Secretary, Ministry of Industries for action who in his turn and the Ministry of Works referred the matter to the DIT for allotment of land. The Board of Trustees of the DIT in a meeting fixed the price at Taka one crore per bigha. It is also stated that the sponsors made a repr..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....:- "Whether an Assistant Sessions Judge deemed to be appointed as an Additional SesÂsions Judge under the proviso to sub-section (3) of section 9 of the Code of Criminal Procedure has the limited power to pass higher sentences except the sentence of death in those Sessions cases which were not h......…………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & ......s as folÂlows:- "9. (1) The Government shall establish a Court of Sessions for every sessions division, and appoint a judge of such Court; and the Court of Sessions for Metropolitan Area shall be called the Metropolitan Court of Session." 35. Section 9(1) needs to be analysed a little closely......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....ed number of decisions in aid of his contention to which I shall revert shortly. 5. It is a settled law that an amendment which changes the nature and character of the suit can not be allowed. The power of the Court under rule 17 is discretionary one and is to be judicially exercised on considera..........................Petitioners Vs. Abdul Malek & others..............................Opposite Party Judgment January 11, 1989. Result: The Rule is discharged. Cases Referred to- Md. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sa......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical CompaÂny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......l Ahmed, Advocate - For the PetitionÂers. Civil Order No.155 of 1989. Judgment AM Mahmudur RahÂman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 ......failure to deliver the interrogatories within ten days. Mr. Ahmed also is unable to place before us any provision from the Code that delivering the interrogÂatories beyond the period of 10 days will call for an order of its rejection. In this context, it would be profitable to refer to a similar pr......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....onal jurisdiction of this court as he had alternative forum. It is to be mentioned that the petitioner could raise all these objections in the apÂpeal and normally when an appeal lies the revisional power is seldom exercised. But in the instant case the cognizance was taken and trial was held witho................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abd...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..Category: Criminal Law | Date: | Hits: 120
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